CHAPTER THREE

3. That the offender

Circumstances Which Mitigate Criminal Liability

had no intention
to commit so grave

ARTICLE 13. Mitigating Circumstances. The following are mitigating

circumstances:

1. Those mentioned in the preceding chapter,

when all the requisites necessary
to justify the act
or to exempt from criminal liability
in the respective cases
are not attendant.
2. That the offender is
under eighteen years of age
or over seventy years.
In the case of the minor,
he shall be proceeded against
in accordance with the provisions of article 80.

a wrong as that committed.

4. That sufficient provocation or threat
on the part of the offended party
immediately preceded the act.
5. That the act was committed
in the immediate vindication of a grave offense
to the one committing the felony (delito),
his spouse, ascendants, descendants,
legitimate, natural, or adopted brothers or sisters,
or relatives by affinity within the same degrees.
6. That of having acted upon
an impulse so powerful
as naturally to have produced
passion or obfuscation.

7. That the offender

10. And, finally,

had voluntarily surrendered himself

any other circumstance

to a person in authority or his agents,

of a similar nature

or that he had voluntarily confessed his guilt

and analogous

before the court

to those above mentioned.

prior to the presentation of the evidence

for the prosecution.

CHAPTER FOUR

8. That the offender is

Circumstances Which Aggravate Criminal Liability

deaf and dumb, blind

ARTICLE 14. Aggravating Circumstances. The following are

aggravating circumstances:

or otherwise suffering some physical defect

which thus restricts his means
of action, defense, or communication
with his fellow beings.
9. Such illness of the offender
as would diminish the exercise
of the will-power of the offender
without however depriving him
of consciousness of his acts.

1. That advantage be taken by the offender

of his public position.
2. That the crime be committed
in contempt of
or with insult
to the public authorities.
3. That the act be committed with insult
or in disregard of the respect

 due to the offended party

whenever such circumstances may facilitate

on account of his rank, age, or sex,

the commission of the offense.

or that it be committed in the dwelling

Whenever more than three armed malefactors

of the offended party,

shall have acted together

if the latter has not given provocation.

in the commission of an offense

4. That the act be committed

it shall be deemed

with abuse of confidence

to have been committed by a band.

or obvious ungratefulness.

7. That the crime be committed

5. That the crime be committed

on the occasion of a conflagration,

in the palace of the Chief Executive,

shipwreck, earthquake, epidemic

or in his presence,

or other calamity or misfortune.

or where public authorities are engaged

8. That the crime be committed

in the discharge of their duties,

with the aid of armed men

or in a place dedicated to religious worship.

or persons who insure or afford impunity.

6. That the crime be committed

9. That the accused

in the nighttime,

is a recidivist.

or in an uninhabited place,
or by a band,

A recidivist is one who,

at the time of his trial for one crime,

 shall have been previously convicted

13. That the act be committed

by final judgment of another crime

with evident premeditation.

embraced in the same title of this Code.

14. That craft, fraud, or disguise

10. That the offender

be employed.

has been previously punished for an offense

15. That advantage be taken

to which the law attaches

of superior strength,

an equal or greater penalty

or means be employed

or for two or more crimes

to weaken the defense.

to which it attaches a lighter penalty.

16. That the act be committed

11. That the crime be committed

with treachery (alevosia).

in consideration of a price, reward, or promise.

There is treachery

12. That the crime be committed

when the offender commits

by means of inundation, fire, poison, explosion,

any of the crimes against the person,

stranding of a vessel

employing means, methods, or forms

or intentional damage thereto,

in the execution thereof

derailment of a locomotive,

which tend directly and specially

or by the use of any other artifice

to insure its execution,

involving great waste and ruin.

without risk to himself

 arising from the defense

by a way not intended for the purpose.

which the offended party might make.

19. That as a means to the commission of a crime

17. That means be employed

a wall, roof, floor, door, or window be broken.

or circumstances brought about

20. That the crime be committed

which add ignominy

with the aid of persons under fifteen years of age

to the natural effects of the act.

or by means of motor vehicles,

18. That the crime be committed

airships, or other similar means.

after an unlawful entry.

21. That the wrong done

in the commission of the crime
be deliberately augmented
by causing other wrong
not necessary for its commission.

There is an unlawful entry

when an entrance is effected